... Magistrate Dludlu refers matter to traditional structure
MBABANE - Manzini Magistrate Sihle Dludlu has referred the matter between Mfanukhona Johannes Dlamini’s two wives to the Nhlambeni Royal Kraal.
The magistrate said the court could not make a ruling over a matter that pertains to land or a homestead that is located on Eswatini Nation Land (ENL), which by law is under the King of Eswatini.
In this case, Mfanukhona’s wives, Zodwa Dlamini and Nomphumelelo Simelane, are fighting over his homestead, situated at Nhlambeni under the Manzini Region.
Magistrate Dludlu, when addressing the court, said by law the wives had no say over the ownership of the homestead, as long as their husband was still alive.
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“It doesn’t matter that your husband is incarcerated but the law cannot overrule him in this matter and it is up to him to give this court a direction as to what he wants to be done with his home.
“It is even up to him now to decide who stays in the homestead while he is still away at the Correctional Services centre,” the magistrate explained.
It is worth noting that Mfanukhona is serving a 36-year sentence after being found guilty of 57 counts under the Theft of Motor Vehicle Act of 1991.
The owner of the land, Mfanukhona, was ordered to be present at all times when the matter was heard at the umphakatsi.
Pending finalisation of the matter, the court ordered that with regard to the ownership of the home, such be directed by Mfanukhona.
The court further ordered the Royal Eswatini Police Service (REPS) to effect the orders.
The matter was postponed to August 30, 2023.